Calcutta High Court Appellate Side Rules [ Appendix ]

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Appendix I –Forms (Civil)

Form NO. 1

[Rule 31, Chapter V]

Notice to Lower Court under Or. 41, r. 13, Civil Procedure Code, when Respondent resides in Calcutta

[Cancelled]

Form NO. 2

[Rule 31, Chapter V]

Notice to Lower Court under Or. 41, r. 13, Civil Procedure Code, when Respondent resides elsewhere than in Calcutta

No.

In The High Court At Calcutta

Civil Appellate Jurisdiction

Appeal From No. Of 20Filed on 20No. of 20 of the Court of the

Appellant,

versus

Respondent.

Whereas the abovementioned appeal has been preferred to this Court against the of the Court of the in the abovementioned and whereas the necessary process fee has been paid by the appellant, and whereas the day of 20 has been fixed for the hearing of the said appeal in this Court:It is ordered that notice of the said appeal do issue out of, and under the seal of this Court directed to the abovenamed respondent requiring to appear therein:And it is further ordered that the said notice be forwarded to the ………………………………. for service on the said respondent and that the said do submit to this Court his return of service thereof without delay:And it is further ordered that the said ………………………do, within one week from the receipt by him of this order, transmit to this Court the record connected with the case.Dated this …………………….. day of…………………………. 20………….

Deputy Registrar.

Form NO. 3

[Rule 35, Chapter V]

Notice to Respondent, under Or. 41, r. 14, Civil Procedure the day fixed for hearing of appeal

Appeal From No. Of 20

Valued at Rs.

Appeal From The Of The Court Of The Of Dated The Of 20

Appellant.

versus

Respondent.

ToTake notice that an appeal from the ………………… of the ………………………. of …………………… in this case has been presented by advocate for the abovementioned appellant, and registered in this Court; and that……………..the day of…………………..20 more (corresponding with the ………………. of ………………. 20………….) has been fixed by the Court for the hearing of the appeal.The appeal will be heard on that date or so soon thereafter as the business of the Court may permit, but no notice of such further date shall be given except the inclusion of the appeal in the Daily Cause List.If no appearance is made on your behalf, by yourself, your advocate, or by some one by law authorised to act for you in this appeal on the date of hearing abovementioned, or before such later date on which the appeal may be heard, the appeal will be heard and decided ex parte in your absence.Signed and sealed by order of the Court this day of …………………. 20……………… .

Deputy Registrar.

Form No. 4

[Rule 43, (Note) Chapter V]

[Cancelled]

Form No. 5

[Rule 75, Chapter V]

In The High Court At Calcutta

Civil Appellate And Revisional Jurisdiction

Civil No. Of 20

Appellants.

Petitioners.

versus

Respondents.

Opposite Party.

We direct that

Formal order follows.

(Sd.)
(Sd.)

Judges.Dated the ……………………. 20……..

Memo No.

Copy forwarded to of for information and necessary action.

By Order of the High Court,
Deputy Registrar.
Assistant Registrar.

High CourtCivil Appellate Jurisdiction.The ………. 20……….

Form No. 6

[Rule 21, Chapter VII

[Cancelled]

Form No. 7

[Rule 8, Chapter VIII]

In The High Court At Calcutta

Civil Appellate Jurisdiction

Notice

Appeal No………………… of 20…….. under clause 15 of the Letters Patent

arising from difference of opinion in

Appeal from …………. Decree No. …………… No of 20….

Appellant.

versus

Respondent.

ToTake notice that the abovementioned appeal under clause 15 of the Letters Patent has been filed in this Court on behalf of the abovenamed appellant by his advocate ………………….. from the judgment of Mr. Justice ……………………. sitting singly, passed in the abovementioned appeal from appellate decree and dated the ……………………. of 20………….; that it has been set down for hearing on the …………………. day of ………… 20………………., and that it will be heard on that date or as soon thereafter as the business of the Court will permit.Dated this ……………………………… day of …………………. 20….

Deputy Registrar.

Form No. 8

[Rule 8, Chapter VIII]

In The High Court At Calcutta

Civil Appellate Jurisdiction

Notice

Appeal No ………………. of 20………… under clause 15 of the Letters

Patent

arising from difference of opinion

in

Appeal from Decree No. of 20

Appellant.

versus

Respondent.

ToTake notice that the abovementioned appeal under clause 15 of the Letters Patent arising from difference of opinion between The Hon’ble Mr. Justice ……………………….. and the Hon’ble Mr. Justice ………………………………. has been filed in this Court on behalf of the abovenamed appellant by his advocate…………………………on the ………………….. of ………………….. 20…………; that it has been set down for hearing on the ………………… day of …………………… 20……………… and that it will be heard on that date or as soon thereafter as the business of the Court will permit.Dated this …………………………… day of ……………………… 20…….

Deputy Registrar.

Form No. 9

[Rule 5, Chapter IX]

In The High Court At Calcutta

Detailed statement of cost incurred in the preparation of the paper – book

in

Appeal from Original Decree/Order No ……………… of 20…….

Appellant.

versus

Respondent.

Items of cost incurred by the Appellant/Respondent Cost claimed Costs passed by the Taxing Officer
1 2 3
Rs. P. Rs. P.
1. Estimating ……………. words at 10,000 per rupee

2. Estimating maps/photos at 12V2 per cent of the costs of tracing/of producing the negative

3. Postal cost for service of estimate and final account by registered post

4. Taxing ……………………. pages at 10 paise per page

5. Translating …………………. words at 150 vernacular words per Rs. 1.25, three figures being counted as one word

6. Examining translation …………………….. words at 300 vernacular words per Rs. 2.00, three figures being counted as one word

7. Copying …………………. words at 750 words per rupee

8. Examining words of ……………… manuscript at 1,200 words per rupee

9. Editing …………….. pages at 70 paise per page if the paper – book is printed, and at 35 paise per page if a typed paper – book is prepared

10. Editing maps at 70 paise for each half foolscap sheet ……………. sheets

11. Printing 19 or preparing 12 typewritten copies of paper – book (actual charge) – pages at Rs. 6.50 per page

12. Tracing maps at Rs. 2.50 for each foolscap sheet ……………… sheets

13. Lithographing maps at Rs. 2.50 for each foolscap sheet ……………….. sheets

14. Cost of photos (actual charge)

Rupees Total
Court Editor
Dated the
 ……….. 20………
Advocate (who has filed the Declaration under Rule 36, Chapter IX, Appellate Side Rules) Assistant Registrar in charge of paper – books

Notice

To      Mr. ……………………

Advocate for the Appellant/Respondent

Rs. P.
Total amount deposited by Appellant/Respondent.
Further amount to be deposited by your client in the above case within two weeks after service of this notice Surplus amount available for refund to your client in the above case and will be paid upon application duly made to the Registrar
HIGH COURT APPELLATE SIDE, CALCUTTA.
The ………….. 20 ……. Ledger Keeper. Accountant.

Form No. 10

[Rule 13, Chapter IX]

Appellant’s List

Part I

Paper other than exhibits and those included in the first paragraph of Rule 11/64. Chapter IX of the Rules of the High Court, Appellate Side, upon which the decision of the appeal depends and which the appellant desires to have included in Part I of the paper – book at his expense.

Appeal from the original Decree/Order No of 20….

Appellant.

versus

Respondent.

Under Rule 16/64, Chapter IX, of the Rules, this list should be filed by the appellant within three weeks/one week after service of the notice required by Rule 12, Chapter IX.

Serial No. Number on the record Description and date of paper Whether the whole or portion and, in case of a portion, what portion to be inserted in the paper – book Remarks

Part II

(Tile list of exhibits to be inserted in Part II of the Paper – book at the expense of the Appellant)

The list of exhibits should follow the order of the exhibit mark.

A correct and full description of such documents must be given.

Serial No. Exhibit mark on the record Description and date of document Whether the whole or portion and, in case of a portion, what portion to be inserted in the paper – book Remarks

I ………………………….. Advocate for the Appellant, do hereby certify that 1 have examined this list with reference to the provisions of Rule 25, Chapter IX, of the Rules of the High Court, Appellate Side, and declare that in my judgment it is necessary to include in the paper – book of this appeal every document or portion of a document included in this list in order to arrive at a proper decision of the appeal.The …………………………. 20 …………

Signature of Advocate for the Appellant.

Form No. 11

[Rule 20, Chapter IX]

Respondent’s List

Part I

(Paper other than those inserted in the Appellant’s list, which are relevant to the subject – matter of the appeal, and to which the respondent desires that reference shall be made by the Court at the hearing of the appeal.)

Appeal from Original Decree Order No ……….. of 20 ……

Appellant.

versus

Respondent

Under Rule 20/64, Chapter IX, of the Rules of the High Court, Appellate Side,,this list should be filed by the Respondent within three weeks/one week after service of the notice required by Rule 18, Chapter IX, and should contain the papers to be included, at the cost of such Respondent, in the paper – book of the above appeal.

Serial No. Number on the record Description and date of paper Whether the whole or portion and, in case of a portion, what portion to be inserted in the paper – book Remarks

Part II

(The list of exhibits to be inserted in Part II of the paper – book at the expense of the Respondent)

The list of exhibits should follow the order of the exhibit marks.A correct and full description of such documents must be given.

Serial No. Exhibit mark on the record Description and date of document Whether the whole or portion and, in case of a portion, what portion to be inserted in the paper – book Remarks

I ……………… Advocate for the Respondent, do hereby certify that I have examined this list with reference to the provisions of Rule 25, Chapter IX of the Rules of the High Court, Appellate Side, and declare that in my judgment it is necessary to include in the paper of this appeal every document or portion of a document included in this list in order to arrive at proper decision of the appeal.The ………………. 20 ……

Signature of Advocate for the Appellant.

Form No. 12

[Rule 21, Chapter IX]

Appeal from Original Decree/Order No ………………of 20 ………..

Appellant.

versus

Respondent.

Appeal Valued at Rs. ………………………

Estimate of cost for translating and printing, etc., the papers to be included in Parts I and II of the paper – book of the above appeal, i.e., the papers included in paragraph I of Rule 11/64, Chapter IX of theRules of the High Court, Appellate Side, and the papers as per list filed on behalf of the appellant.

Rs. P. Rs. P.
For estimating words at 10,000 words per rupee

” maps/photos at 121/2 per cent of the cost of tracing/ producing the negative

” translating words at 150 vernacular words per Rs. 1.25 (three figures being counted as one word)

” examining translations words at 300 vernacular words per Rs. 2.00 (three figures being counted as one word)

” postal charges for the service of estimate and final account by registered post

Total

Already deposited

Balance

For copying ………………. words at 750 words per rupee

” examining ……………. words of manuscript at 750 words per rupee

” editing ………………… pages of the paper – book at 70 paise a page if it is printed and at 35 paise a page if it is typed

” editing map …………………. sheets at 70 paise for each half foolscap sheet

” printing 19 copies of the paper – book………………. pages at the rate of Rs. 6.50 as a page

” lithographing maps at Rs. 2.50 per foolscap tracing maps ……………… sheets at Rs. 2.50 per foolscap

” cost of photos (actual charge)

” taxing ………………. pages of the paper – book at ten paise a page

Total

Grand Total

Already deposited

Balance

Notes

(1) The above rates are liable to alteration.(2) The charge for editing includes the charge for indexing if the paper – book is printed, and that for stationery if the paper – book is typewritten.(3) If the document to be translated is in any language other than Bengali, a special rate may be fixed by the Registrar.(4) Each item of cost in the preparation of the paper – book at the rates specified above is calculated to the nearest 10 paise fraction below 5 paise being omitted and 5 paise or over being reckoned as 10 paise).Under clause (a) of Rule 22, Chapter IX of the Rules of the High Court, Appellate Side, the amount due for estimating, translating and examining translations [after deducting the amount of the initial deposit made under Rule 34(1), Chapter VI shall be deposited with the accountant of the Court within four weeks of the service of the estimate upon the advocate for such appellant, and under clause (b) of the said Rule the whole of the remainder within four weeks of the deposit of the amount under clause (a) of the Rule.

Deputy Registrar.

High CourtThe ……………….. 20 ……To……………………

Advocate for the Appellant.
Signature of Advocate for the Appellant…………………
Date of service ……………………………

Form No. 13

[Rule 21, Chapter IX]

Appeal from Original Decree/Order No…………….. of 20…………..

Appellant.

versus

Respondent.

Appeal Valued at Rs. ……………….

Estimate of cost for translating and printing, etc., the papers to be included in Parts I and II of the paper – book as per list filed on behalf of the Respondent.

Rs. P. Rs. P.
For estimating words at 10,000 words per rupee

” maps/photos at 121/2 per cent of the cost of tracing/ producing the negative

” translating words at 150 vernacular words per Rs. 1.25 (three figures being counted as one word)

” examining translations words at 300 vernacular words per Rs. 2.00 (three figures being counted as one word)

” postal charges for the service of estimate and final account by registered post

Total
For copying ………………. words at 750 words per rupee

” examining ……………. words of manuscript at 750 words per rupee

” editing ………………… pages of the paper – book at 70 paise a page if it is printed and at 35 paise a page if it is typed

” editing map …………………. sheets at 70 paise for each half foolscap sheet

” printing 19 copies of the paper – book………………. pages at the rate of Rs. 6.50 as a page

” lithographing maps at Rs. 2.50 per foolscap tracing maps ……………… sheets at Rs. 2.50 per foolscap

” cost of photos (actual charge)

” taxing ………………. pages of the paper – book at ten paise a page

Total

Grand Total

Notes

(1) The above rates are liable to alteration.(2) The charge for editing includes the charge for indexing if the paper – book is printed, and that for stationery if the paper – book is typewritten.(3) If the document to be translated is in any language other than Bengali, a special rate may be fixed by the Registrar.(4) Each item of cost in the preparation of the paper – book at the rates specified above is calculated to the nearest 10 paise (amount below 5 paise being omitted and 5 paise or over being reckoned as 10 paise).

Form No. 14

[Rules 33 and 33A, Chapter V]

The following First/Second appeals from Orders/DecreesCross – Objections have been registered on ……………………..20……..
Serial No. Appeal No. and year Name of first Appellant Name of first Appellant’s
Cross – objector Cross – Objector’s
1 2 3 4

High Court, Appellate Side,Calcutta.

Superintendent F.A./S.A. Section.

The…………………….. 20…….

Form No. 15

[Rule 63, Chapter IX]

General Warning List

The following appeals are ready for hearing and will be transferred to the Weekly Cause List on the expiration of fourteen days from the date of this List: –

Serial No. No. and year of Appeal Advocate for Appellant Advocate for Respondent Remarks
1 2 3 4 5

Form No. 16

[Rule 19, Chapter XIII]

Form of

Application For Copy

Space for searching fee. Fifteen paise Cout – fee stamp on application. Space for Expedition – fee.

In The High Court At Calcutta

Appellate Jurisdiction

Serial No.

Application for urgent/ordinary copy.

[…………………………… No. of 20……..]

AppellantPetitioner.

versus

RespondentOpposite Party.
Description of document of which a copy is wanted, with date when necessary

Date……………. 20……..

Application is made by …………………., the undersigned for certified/uncertified copy of marginally noted document from the High Court/Lower Court file in the above case which was disposed of on ……………………….
The following stamp – sheets are filed.Signature of applicant
Office Report

The copy will cover ……………………….sheets.

Searching – fee is/is not required

Superintendent

Estimate of Costs

(Excluding stamps and stamp – sheets filled.)

Stamp – sheets at 40p. Court – fee stamps at 80p. Stamp for authentication extra stamp for urgency Searching – fee – in stamps

Total

Superintendent
Copying Section

Estimated stamps etc., notified no …………Estimated stamps, etc., supported no……….
Applicant’s signature……………………..
Record received on Copy will be ready on …………………………..
Copy delivered on
Serial No.
Received an application for copy bearing the above number
Estimated stamps and stamp – sheets paise…………………
valued at Rs……………… paise…………………supllied
To attend for copy on 20………………
Date ……………….. 20………Superintendent
Received copy on………… 20………. with unused stamps and stamp – sheets sheets valued at Rs………..

Applicant.

Note : The application will not be considered as complete until stamps and costs have been supplied in full, which must be done within seven days of the date of the estimate. All enquiries and complaints shall be accompanied by this counterfoil. It will have to be given up when the copy is delivered.

Form No. 17

[Rules 25 and 29, Chapter XIII]

Register of information to applicants as to stamps and folios necessary for copies applied for

To be supplied within 7 days
Date of entry in this Register Serial Number of Application Case number Name of applicant Number of impressed stamp – sheets at 40 paise Number of adhesive stamp at 40 paise Fee for authentication Searching – fee Expedition – fee Remarks
Rs. P. Rs. P. Rs. P.

Form No. 18

[Rules 1(2), and 1(4), Chapter XVI]

Register of licensed clerks employed by Advocates of the High Court.

Licence No. Name of licensed clerk Father’s Name Residence of licensed clerk Date of licence Name of Advocate by whom employed Remarks
1 2 3 4 5 6 7

Note : Not more than two or three names should be entered on each page, and as such renews his licence from year to year the date of such renewal should be entered on the same page in column 5.

Form No. 19

[Rule 1(4) Chapter XVI]

Licence for Advocate’s clerks, other than articled clerks.

High Court Appellate Side.

Licence

(Not transferable)

No……………………….
This is to authorise……………………………….. son of ……………….. residing at ………………… to act as the licensed clerk of ……………………………
Advocate, during the year………………..
Dated…………………… 20……..Licensed Autority.
To be produced when required and returned for renewal on ………………….
(On the reverse)
To
The Licensing Authority
Please renew for
Year Date of renewal and renewing officer’s Signature

Signature of the Advocate

Form No. 20

[Rule 1, Chapter XVI

In The High Court At Calcutta

(Civil Appellate Jurisdiction)

Title – Page

Part I

(This file must be preserved for ever)

Appeal from No……………………… of………….. 20………

Appellant.

versus

Respondent.

Date of decision of High Court…………………………………………………….

Date of decision of Supreme Court ……………………………………………….

Form No. 20A

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Civil Appellate Jurisdiction)

Title – Page

Part II

(This file must be destroyed at the end of 3 years)

The above period shall be calculated from the date of the final decree or order, which, in cases appealed to the Supreme Court, will be that of the decree or order of the Supreme Court.

Appeal from …………………………….. No…………………. of 20……………

Appellant.

versus

Respondent.

Date of decision of High Court ……………………………………….Date of decision of Supreme Court ……………………………………..

Form No. 21

[Rule 2, Chapter XVI]

In The High Court At Calcutta

Civil Appellate Jurisdiction

(1) Sl. No. and date of application.(2) Date when requisition for the record made by the Inspection Clerk [same date as in item (1) above].(3) Date of receipt of record by Inspection Clerk [3 days from the date mentioned in item (2) above].

Searching – fee Re. 1 in Court – fee stamp vide Rule 6, Ch. XII, A.S. Rules. Inspection fee Re. 1 or Rs. 5 as the case may be vide rule 6, Ch. XII, A.S. Rules.

Application for inspection of the record in the undermentioned Pending/Disposed of case.

Description Number Year Description of the papers of which inspection is required Name of person or persons who will inspect the record (not exceeding three) including the Inspecting Advocate

The ………………….. 20………….

Signature of the Advocate for the Inspecting Advocates.

Note : If the applicant is a stranger or a party appearing in person in a case, he must say so in the application.

Form No. 22

[Rules 15 and 16, Chapter XVI]

Application For Information

Serial No……………………….

Space for searching – fee
*Re: Appeal
Rule
Revision
No……………………………… of …………………… 20…………………………..

District

  1. *Nature of Information required*The ………………………….20………………

Signature of Applicant.*

  1. Date when the applicant will call for the information:3. Office report re : informationThe …………………… 20……………….

Signature of officer supplying the information.

  1. Information received onThe ………………..20………….

Signature of Applicant.

To be perforated

Appeal*Re: Rule/Revision No…………………… of……………. 20…………..5. Date by which information is to be ready…………………………….6. Information –

Supplied on…………………….

*To be filled in by the applicant.

Signature of officer supplying the information.

Note : A searching fee will be charged on all applications, if the information required will necessitate a search in the record room of record of the appeal or proceedings from which the information can be obtained.

Form No. 23

[Rule 2, Chapter XVII]

ToThe Registrar,Appellate Side, High Court,      Calcutta, the………………….day of…………………. 20…………..Challan No……………………………..Sir,      I beg to tender this challan for depositing the undernoted amount for credit of the account of which the details are noted below:      No. of Appeal: – F.A., M.A., S.A., S.C.A., Rule of 20 …      Name of person on whose behalf the money is tendered :…………………….      Particulars of deposit : ……………………………………………..      Amount tendered (in words)……………………………….. Rs…………………… P……………

Advocate for Appellant/Respondent.

Personal Ledger Account

Challan No. ……………………………

High Court,

Appellate Side.

The …………………….day………………. of 20……….

ToReserve Bank of India(Public Accounts Department)      No. of Appeal: – – F.A., M.A., S.A., S.C.A., Rule…………………. of 20…………      Rs………………….      Please receive from…………………Advocate for Appellant/Respondent on account of …………………………….. the sum of Rupees……………………….. for credit of the Accountant-General, West Bengal, with the account of the Registrar, Appellate Side, High Court, if tendered to you to – day.

Accountant.

Receipt

Challan No…………………………

Reserve Bank of India,
Public Accounts Department.
Calcutta, ………………………. 20…

No. of Appeal: – – F.A., M A., S.A., S.C.A., Rule…………………… of 20………….Received from…………………… Advocate for Appellant/Respondent the sum of Rupees……………………. as per High Court Challan No. ……………………… 20……………. for credit of the Accountant-General, West Bengal, with the account of the Registrar, Appellate Side, High Court.

Superintendent.

Form No. 23A (Civil) Rule 1, Chapter XVII Form No. 23A (Civil) Rule 1, Chapter XVII Form No. 23A (Civil) Rule 1, Chapter XVII
ORIGINAL
Challan
No. …………………………………

Treasury of High Court, Appellate Side
dated……………….. 20……….DUPLICATE
Challan
No. …………………………………

Treasury of High Court, Appellate Side
dated……………….. 20……….RECEIPT
Challan
No. …………………………………

Treasury of High Court, Appellate Side
dated……………….. 20……….

By whom brought On what account Amount Rs. By whom brought On what brought Amount Rs. By whom brought On what account Amount Rs.
Total Rupees…………
(in figures)
Total Rupees…………
(in figures)
Total Rupees…………
(in figures)
Total Rupees…………
(in figures)
Total Rupees…………
(in figures)
Total Rupees…………
(in figures)
Cashier
Examined and entered…………….Accountant
Cashier
Examined and entered…………….Accountant
Cashier
Examined and entered…………….Accountant

Form No. 24

[Rule 10, Chapter XVIII

To       The Registrar, High Court, Appellate Side     Re………………………….. Appeal No ……………………… of 20……………..

Appellants.

versus

Respondents.

Sir,     Please allow me to withdraw the sum of Rs being the surplus amount on account of the cost of preparation of paper – book in the above appeal deposited on behalf of the Appellants/ Respondents I am authorised by thevakalatnama filed by me to withdraw the money.

Yours faithfully,
Advocate for the Appellants/Respondents.

Dated……………..20………..

Appeal No……………….of 20……….

…………………….Advocate for the Appellants/Respondents, is authorised by the vakalatnama filed by him to withdraw money from this Court on behalf of the Appellants/Respondents mentioned in his application.

Superintendent……………………..Section.

Certified that a sum of Rs……………………..(Rupees paise only) is due for refund to the Appellants/Respondents in the above appeal and that there is no stop order in force affecting the refund.

Accountant.

Refund the sum of Rupees……………… paise only to the Appellants/Respondents through his/their Advocate

Assistant Registrar

Form No. 25

(Abolished)

Form No. 26

(Abolished)

Form No. 27

(Abolished)

Form No. 28

(Abolished)

Form No. 29

(Abolished)

Form No. 30

[Rule 59, Chapter IX]

In The High Court At Calcutta

Notice to Appellant under Rule 59, Chapter IX of the Appellate Side RulesAppeal from Appellate Decree/Order No………………of 20………..

Appellant.

versus.

Respondent.

Appeal valued at Rs…………………………..

To     Mr…………………………………….Advocate, authorised by the Appellant under Rule 58 to prepare the paper – book.     Take notice that the record of this appeal has been received in this office on………………………     Under Rule 59 of the Rules for the preparation of paper – books in appeals from Appellate Decrees or Orders you are required to file before the expiry of thirty days from the date of receipt by you of this notice one copy /two copies of the paper – book for the use of the Court, prepared in accordance with Rule 56, accompanied by sufficient number of copies for service on all the appearing Respondents and upon the Deputy Registrar of the Court if he is appointed guardian ad litem of a minor Respondent and a certificate to the effect that the paper – book has been compared with the original papers. The copies meant for the use of the Court must tally as to paging, etc., with the copies for the use of the Advocate for the Appellant, the Respondents and the Deputy Registrar.     So far…………………….Respondent(s)/set(s) of Respondents have/has appeared.     The Deputy Registrar.has/has not been appointed guardian ad litem.     Dated, Calcutta………………… 20…………

Assistant Registrar.

Form No. 31

[Rule 59, Chapter IX]

In The High Court At Calcutta

Supplementary notice to Appellant under Rule 59, Chapter IX of the Appellate Side Rules

Appeal from Appellate Decree/Order No. of 20………………….

Appellant.

versus

Respondent.

Appeal valued at Rs……………………………..

To     Mr……………………………………. Advocate, authorised by the Appellant under Rule 58 to prepare the paper – books.     In continuation of the Notice, dated the …………………. 20, take notice that the Deputy Registrar has been appointed Guardian ad litem another Respondent(s)/set(s) of Respondent has/ have appeared and deposited paper – book costs in the above appeal. You are, therefore, required to file an additional copy/additional copies of the paper – book within – ten days from the date of receipt by you of this Notice.     Dated, Calcutta, the…………………………20………..

Assistant Registrar

Form No. 32

[Rule 61, Chapter IX]

To     The Registrar, High Court, Appellate Side

Re : Second Appeal No…………… of 20……….

Appellants.

versus

Respondents.

Sir,     Please allow me to withdraw the sum of Rs being the amount on account of the cost of preparation of paper – book in the above appeal, deposited on behalf of the respondent(s).     Having been authorised by a declaration filed by the Appellant under Rule 58, Chapter IX, Appellate Side Rules, I prepared the paper – book in the Appeal and filed the requisite number of copies for service on the appearing Respondents.

Yours faithfully,
……………………………………..
Advocate authorised to prepare
paper – books under a declaration
filed by the Appellant(s).

Dated the……………. 20….

Second Appeal No………………of 20….

Mr………………. Advocate, is authorised by the Appellant(s) to prepare the paper – book. He has filed the requisite number of paper – books.

Superintendent,
Second Appeal Section.

Certified that a sum of Rs…………………… (Rupees……………… paise………………….only) is in deposit being the amount deposited by Respondent(s) under Rule 61, Chapter IX, Appellate Side Rules. The Appellant is entitled to withdraw the amount and there is no stop order in force affecting the withdrawal.

Accountant.

Pay the sum of Rupees……………………paise…………….. only to the Applicant, Mr…………………….. Advocate, who prepared the paper – book and filed the requisite number of copies for service on the Respondents.

Assistant Registrar.

Form No. 33

[Rule 66, Chapter 1/]

In The High Court At Calcutta

Civil Jurisdiction

Certificate Of Non – Satisfaction

In the matter of

Civil Revision No…………………. of……………….. 20………….

In the matter of

Appeal from Original Order No………………. of 20………….. arising out of Civil. Revision Case No…………………..of 20………. (under Article 226 of the Constitution of India).

Petitioner/Appellant.

versus

Opposite Party/Respondent.

I/We do hereby certify that no satisfaction of the decree for costs passed by this Court in the above Rule/Appeal (a copy whereof is hereunto attached) has been obtained by execution within the original jurisdiction of this Court and such costs have also not been deposited in this Court by the judgment – debtor abovenamed for payment to the decree – holder.Dated this the……………….. day of …………………. in the year two thousand and…………………..

(Chief Justice.)

of the Judges of the High Court

Form No. 34

[Rule 79, Chapter V]

In The High Court At Calcutta

Civil Appellate jurisdiction

Letter of Request

…………………….. No……………………of 20……………

Appellant/Petitioner.

versus

Respondent/Opposite Party.

To     The Speaker of the House of the People/The Chairman of the Council of States………………….. Committee, Parliament House, New Delhi.     The Speaker of the Legislative Assembly/The Chairman of the Legislative Council………………….. Committee…………………..Sir,     It having been represented to this Court that (i) the production of the undermentioned document(s) is necessary for the purpose of justice and for the determination of the matters in dispute between the parties in the abovenoted case and it appearing that the said document(s) is in the custody of the House of the People/the Council of States/the Legislative Assembly/the Legislative Council/Committee and also that (ii) the evidence of……………………… an officer of the Secretariat of the House of the People/the Council of States /the Legislative Assembly/the Legislative Council/Committee of……………………. (or any duly informed officer in the Secretariat of the House/Committee as a witness in the above proceedings is required in regard to the matters noted below, I am directed to request that you will (a) arrange to send the document(s)/certified copy(ies) of the document(s), so as to reach this Court on or before the ………………….. by registered post with acknowledgement due or through an officer in the Secretariat of the House/Committee and (b) direct the said officer to appear before this Court at a.m.on……………..     (i), (ii), (a) and (b) – Omit portion not required.

Yours faithfully
Registrar

  1. Particulars of the document(s) to be produced.2. Matters in regard to which evidence is required.

Form No. 35

[Rule 81, Chapter V]

In The High Court At Calcutta

(Civil Appellate Jurisdiction)

In the matter of

An Application (set out the particulars)

An Appeal from (set out the particulars)

And

In the matter of

Name of the CaveatorPlaintiff / Defendant / Appellant / Respondent Petitioner / Opposite PartyToThe Registrar, Appellate Side,High Court, CalcuttaSir,Under Section 148A of the Code of Civil Procedure I am lodging Caveat in respect of an Application which is expected to be made/ has been in a Proceeding instituted/about to be instituted in the Appellate Side of this Court, let no Order be made on such an Application except on Notice to me. I am furnishing the necessary particulars hereunder.

Particulars

(a) Name and full Postal address of the person lodging Caveat.

(b) Name of the Applicant in respect of whose Application the Caveat is intended and the full Postal address of such Application.

(c) The Court by which the Decree or Orders referred to in the Caveat was passed together with the number and year of the Suit or Proceeding in which the Decree or Order was passed.

(d) Particulars of the Proceeding of the High Court in case the Caveat is being lodged in the pending Proceeding with reference to which the Caveat is being lodged.

(e) Value of the Suit or Proceeding.

(f) A statement as to how the Notice of the Caveat has been served on the person by whom the Application in respect of which the Caveat being lodged has been or is expected to be made.

Yours faithfully,

Appendix II

Forms

(Criminal)

(Only such Criminal Forms as are specifically mentioned in these Rules have been incorporated in this Appendix)

Form No. 1

[Rule 11, Chapter XI]

(Abolished)

Form No. 2

[Rule 11, Chapter XI]

No.

Cr.

FromThe Registrar Of The High Court At Calcutta

Appellate Side

ToThe Magistrate Of The District Of

Dated, Calcutta, the ……………….. 20….

(Death reference No………… and Appeal No……………….. of 20………

High Court
Criminal

Sir,     The Sessions Judge of ……………….. having referred to this Court for confirmation under section 366 of the Code of Criminal Procedure, the proceedings of this Court, dated the ……………….. of……………….. 20……. convicting……………….. son of……………….. of murder and sentencing to death under section 302 of the Indian Penal Code, I am to request that you will inform the prisoner ……………….. that the reference has been set down for hearing on the of 20 or as soon thereafter as the business of the Court will permit and along with which the appeal which has been/ may be preferred by will also be heard and disposed of.2. You are also requested to intimate to me hereon that notice has been served as directed.

Yours faithfully,
Registrar.

Cr.

Memo No.

Copy forwarded to the Superintendent and Remembrancer of Legal Affairs for his information.

By Order of the High Court,

High Court
Appellate Side,
Criminal Section
The……………….., 20………

Registrar.

Form No. 4

[Rules 11 and 20, Chapter XI]

No.

Cr.

FromThe Registrar Of The High Court
At Calcutta, Appellate SideToThe Magistrate Of The District Of

Advocate for Appellant(s)

High Court :Criminal

Dated, Calcutta, the ………………. 20….

Present:The Hon’ble Mr. JusticeandThe Hon’ble Mr. Justice

(Appeal No………………. of 20…..)

Sir,Under section 385 of the Code of Criminal Procedure, I am directed

[Appeal of ……………….Appellants. Convicted under section ………………. of the I.P.C. and sentenced by the Sessions Judge of ……………. on the 20………….] to forward herewith a copy of the Court’s order, dated the 20 and to inform you (request you to take notice) that the case[marginally] noted is set down for hearing on the ………..day of 20…….., or as soon thereafter as the business of the Court will permit [and to request that you will give notice thereof to the appellant(s)and report actual service of notice to me before the date fixed for the hearing of the case].

Yours faithfully,
Registrar.

[Memo. No.

Cr.

Copy, together with a copy of the Court’s order, dated the …………………. 20…………. forwarded to the District Magistrate of…………………. with the request that pending the hearing of the appeal, he will release the appellant(s)…………………. on bail to the satisfaction of the District Magistrate/cause the realisation of the fine to be stayed.

By Order of the High Court,

High Court :Appellate Side :Criminal Section :

Registrar.]

The …………………. 20……….

Memo. No.

Cr.

Copy forwarded to the Sessions Judge of………………… for his information, and with a request that he will forward the papers of the case, including the Magistrate’s commitment record, at once. Should this not be despatched so as to reach this office on or before the …………………… 20……… an explanation of the delay should be given.2. The material exhibits of the case, if any, need not be sent until called for by the Court.

By Order of the High Court,

High Court :Appellate Side :Criminal Section :The…………………. 20……

Memo. No.

Cr.

Copy, together with a copy of the Court’s order, dated the ………………. 20…………. forwarded to the Superintendent and Remembrancer of Legal Affairs, West Bengal, for his information.

By Order of the High Court,

High Court :Appellate Side :Criminal Section :

Registrar.

The …………………….. 20…….

Form No. 5

[Rules 11 and 20, Chapter XI]

No.

Cr.

FromThe Registrar Of The High Court
At Calcutta Appellate SideToThe Magistrate Of The District Of

Dated, Calcutta, the …………….. 20….

(Appeal No……………… of 20………)

Sir,Under section 385 of the Code of Criminal Procedure, I am directed to forward herewith a copy of the Court’s

High Court
Criminal Present:
The Hon’ble Mr. Justice and The Hon’ble Mr. Justice *Appeal of Appellants. Convicted under section I.P.C. and sentenced by the Sessions Judge of ………………. on the 20…
order, dated the ………………. 20……… and to inform you that the case marginally* noted is set down for hearing on the day of …………………… 20…………, or as soon thereafter as the business of the Court will permit. As the appellant is confined in the …………….. Jail, the District Magistrate of………………….. has been requested to have the notice served upon.

Yours faithfully,
Registrar.

Memo No.

Cr.

Copy forwarded to the District Magistrate of……………… with request that he will have notice of the date fixed for hearing the appeal served upon the appellant, and intimate to this office hereon that he has done so.

By Order of the High Court,

High Court :Appellate Side :Criminal Section :

Registrar

The ………….. 20….

Memo. No.

Cr.

Copy forwarded to the Sessions Judge of…………………… for his information and with a request that he will forward the papers of the case including the Magistrate’s commitment record at once. Should they not be despatched so as to reach this office on or before the…………….. 20…………. an explanation of the delay should be given.2. The material exhibits of the case, if any, need not be sent until called for by the Court.

By Order of the High Court,

High Court :Appellate Side:Criminal Section :

Registrar.

The ………….. 20….

Memo. No.

Cr.

Copy together with a copy of the Court’s order, dated the…………. 20……….. , forwarded to the Superintendent and Remembrancer of Legal Affairs for his information.

By Order of the High Court,

High Court :Appellate Side:Criminal Section :

Registrar.

The ………….. 20….

Form No. 10

[Rule 8 Chapter XI]

In The High Court At Calcutta

Criminal Appellate/Revisional Jurisdiction

Criminal…………………….. No………………. of 20……

Mr./Messrs.

For Accused/Petitioners/Appellants.

Mr./Messrs.

For Opposite party/for the State.

[This reference is accepted/rejected.]We direct that the accused/petitioners/appellants named be at once released and if on bail the bail bond cancelled. be at once released on bail.be called upon to surrender forthwith to his/ their bail to serve out the ([remainder] of the) sentence of imposed upon him/ them be informed(1) that he/they has/have been sentenced to death.(2) that the sentence of death passed on him/them has been confirmed.(3) that the sentence of death passed on him/ them has been commuted to transportation for life.(4) that the sentence of death passed on him/them has been altered to rigorous imprisonment for years.(5) that he has/they have been sentenced to.(6) that the sentence(s) passed on him/them has/have been confirmed.(7) that the sentence(s) passed on him/them has/have been altered to Judgment follows:Dated the…………….. 20……….

Memo. No.

Cr.

Copy forwarded to the Sessions Judge/District Magistrate of…………….. for information and necessary action, with reference to his letter No ……………… dated the ………………. 20……[An acknowledgement of the receipt of the Court’s order by telegraph is requested. The actual date of surrender or release must be reported within a week of the receipt of this.]

By Order of the High Court,

High Court :Appellate Side:Criminal Section :

Registrar.

The ………….. 20….

Form No. 12

[Rule 11, Chapter XI]

No.

Cr.

FromThe Registrar Of The High CourtAt Calcutta Appellate SideTOThe Magistrate Of The District Of

Dated, Calcutta, the………………. 20…..

(Government Appeal No……………………. of 20……..) Sir,

With reference to the accompanying copy of the petition of appeal,

High Court
(Criminal)
Present:
The Hon’ble Mr. Justice
The Hon’ble Mr. Justice
The Sate ofAppellant,
versus
Respondent, Convicted of an offence under section I.P.C. By the Magistrate of………. on the 20…… and acquitted on appeal by the Sessions Judge of ………… on the 20………….
filed by the Superintendent and Remembrancer of Legal Affairs, West Bengal, on behalf of the State of West Bengal, under section 378 of the Code of Criminal Procedure, in connection with the case noted on the margin, I am directed to forward herewith a copy of the Court’s order, dated ……………….. the ………. 20…… and to inform you under section 385 of the said Code that the appeal has been set down for hearing on the……………. 20……, or as soon thereafter as the business of the Court will permit, and to request that you will give notice thereof to the respondent……………….. intimating to me hereon that you have done so.

Yours faithfully
Registrar

Memo No.

Cr.

Copy forwarded to the Sessions Judge of ………………………. for his information.

By Order of the High Court,

High Court :Appellate Side:Criminal Section :

Registrar.

The ………….. 20….

Memo No.

Cr.

Copy, together with a copy of the Court’s order, dated the ……………….. 20……., forwarded to the Superintendent and Remembrancer of Legal Affairs, West Bengal, for his information.

By Order of the High Court,

High Court :Appellate Side:Criminal Section :

Registrar.

The ………….. 20….

Form No. 40

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Appeal No…………………….. of 20…………………

The State

versus

Appellants.

Title Page

PART I

(This file must be preserved for ever)

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 41

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Title Page

Part I

(This file must be destroyed at the end of 3 years)

The above period shall be calculated from the date of the final order.

Appeal No…………………… of 20…………..

The State

versus

Appellants.

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 42

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Civil Revision No…………………………of 20

Petitioners.

versus

Opposite party.

Title Page

Part I

(This file must be preserved for ever)

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 43

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Civil Revision No ………………. of 20……..

Petitioners.

versus

Opposite party.

Title Page

Part II

(This file must be preserved for ever)

The above period shall be calculated from the date of the final order.Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 44

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Revision No…………………….. of 20………..

Petitioners.

versus

Opposite party.

Title Page

Part I

(This file must be preserved for ever)

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 45

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Revision No……………………………….. of 20…………

Petitioners.

versus

Opposite party.

Title Page

Part II

(This file must be preserved for ever)

The above period shall be calculated from the date of the final order.Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 46

[Rule 1, Chapter XV]

(Abolished)

Form No. 47

[Rule 1, Chapter XV]

(Abolished)

Form No. 48,

[Rule 1, Chapter XV]

(Abolished)

Form No. 49

[Rule 1, Chapter XV]

(Abolished)

Form No. 50

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Reference under section 374, Code of Criminal Procedure

No……………. and Appeal No………………….. of 20………….

The State

versus

Accused.

Title Page

Part I

(This file must be preserved for ever)

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 51

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Reference under section 366, Code of Criminal Procedure

No……………… and Appeal…………….. No of 20………..

The State

versus

Accused.

Title Page

Part II

(This file must be preserved for ever)

The above period shall be calculated from the date of the final order.Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 52

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Reference under section 400, Code of Criminal Procedure

No ………………………… of………………. 20……

Complainant.

versus

Accused.

Title Page

Part I

(This file must be preserved for ever)

Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 53

[Rule 1, Chapter XV]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

Reference under section 400, Code of Criminal Procedure

No …………………… of ………………….. 20………

Complainant.

versus

Accused.

Title Page

Part II

(This file must be destroyed at the end of 3 years)

The above period shall be calculated from the date of the final order.Date of decision of High Court……………………………………………Date of deposit in the Record Room……………………………………………

Form No. 57

[Rule 42, Chapter XI]

(Abolished)

Form No. 58

[Rule 42, Chapter XII]

(Abolished)

Form No. 59

[Rule 42, Chapter XII]

(Abolished)

Form No. 60

[Rule 42, Chapter XII]

(Abolished)

Form No. 61

[Rule 42, Chapter XII]

(Abolished)

Appendix III

Calcutta High Court Contempt of Courts Rules, 1975

Rules Regulating the Procedure in Contempt of Court matters framed under the Contempt of Courts Act, 1971*

Notification No. 10171-G., dated 22nd August 1975. – In exercise of the powers conferred by section 23 of the Contempt of Courts Act, 1971 and by Article 215 of the Constitution of India and all other powers in that behalf enabling the High Court of Calcutta hereby makes the following rules to regulate the proceedings for contempt of itself or of a Court subordinate to it under the Contempt of Courts Act, 1971 (Central Act 70 of 1971).1. (1) These rules may be called Contempt of Courts Rules, 1975.(2) They shall come into force from such date as may be fixed by the High Court by a notification in the Official Gazette.1A. In these Rules, unless it is repugnant to the subject or context, the words and expressions ‘Act’, ‘Court’ shall mean respectively the Contempt of Courts Act, 1971 and the High Court. The “Form” shall mean the Forms mentioned in the Appendix to the Rules.”Civil Contempt” and “Criminal Contempt” shall have the same meaning as in the definitions in the Contempt of Courts Act, 1971.2. (1) Proceedings in connection with a Civil Contempt may be initiated –

(a) by a petition presented by a party or parties aggrieved; or

(b) by the High Court on its own motion; or

(c) on a reference made to the High Court by the subordinate courts as in the case of “Criminal Contempt”.

(2) Proceedings in connection with a criminal contempt may be initiated –

(a) on a motion of the High Court in respect of a contempt committed upon its own view under section 14 of the Act; or

(b) on its own motion by the High Court under section 15(1) of the Act; or

(c) on a motion founded on a petition presented by the Advocate General under section 15(1)(a) of the Act; or

(d) on a motion founded on a petition presented by any other person with the consent in writing of the Advocate-General under section 15(1)(b) of the Act; or

(e) on a reference made to the High Court by the subordinate courts under section 1 5(2) of the Act, containing the following particulars –

(a) a brief statement of the case;

(b) the particulars of the contumacious acts;

(c) name, address and other particulars of the respondents along with the copies of the papers relating to contumacious acts.

  1. Every petition shall be expressed to be made in the “Special Jurisdiction” of this Court provided that every petition for civil contempt shall be expressed to be made in the “Special Civil Jurisdiction” and that every petition for criminal contempt in the “Special Criminal Jurisdiction”.4.Every petition and affidavit in connection therewith (suitably modified where necessary) shall be entitled:

In the matter of Contempt of Court

And

In the matter of (state briefly the nature of contumacious conduct complained of)

And

In the matter of (state the name and other particulars required as in a plaint, of the petitioner and each of the petitioners) – Petitioner

Versus

(State the name and other particulars required, as in a plaint, of the respondent or each of the respondents) – Respondents

  1. Every petition and affidavit in connection therewith shall consist of paragraphs numbered consecutively and shall be fairly and legibly type – written on demy – foolscap size paper, or on paper ordinarily used in the High Court for transcribing petition with quarter margin.

6.Every petition shall contain full particulars of the materials upon which the petition is grounded.

7. The prayer to the petition shall distinctly state the particular contumacious conduct alleged for which the rule is prayed for.8. Every petition shall be signed and dated by the petitioner or his duly authorised agent.9. Every petition shall be verified by the solemn affirmation made by the petitioner or by a person or persons having cognizance of facts stated and shall state clearly by reference to the paragraphs of the petition whether the statements are based on knowledge information and belief or on record. Where a statement is based on record sufficient particulars shall be given to identify the records.10. Where the petitioner is a company there should be appended an affidavit of competency.Where the petitioner or the respondent is a corporation provision of Order XXIX of the Code of Civil Procedure, in so far as they are applicable shall apply.

11. All annexures to the petition shall be type – written (except where they are in the vernacular when they may be typed or be in manuscript) and transcribed on the same kind of paper as is used in the body of the petition. The annexure shall be separately paginated and marked with exhibits marks (for example – A.B.C.D. etc.) and shall bear certificate of the Commissioner before whom the affidavit is made.

12. Original documents and certified copies may not be annexed, only transcribed copies thereof need be annexed.13. Where a document is not in the English language, the Court may direct that the party filing the same as an annexure should get it officially translated. The procedure for such translation and the fees to be paid therefor shall be as provided in the rules of the Original Side.

14. Where the respondent is the Central. Government or the State Government the cause – title shall mention the person upon whom the notice or the rule is to be served.15. All petitions in connection with a civil contempt grounded on wilful disobedience to a judgment decree, direction, order or other process of a Court or wilful breach of an undertaking given to a Court shall be heard by the Judge or Judges who passed the judgment or the decree or gave the direction or the order or issued the writ or other process or before whom the undertaking was given.

16. All petitions presented by the Advocate-General and all petitions presented by any other person under section 15 of the Act shall be moved before the Bench presided over by the Chief Justice or by such other Bench as the Chief Justice may from time to time appoint.All matters relating to contempt of subordinate courts, brought or coming to the notice of this Court shall be dealt with by the Bench presided over by the Chief Justice or by such other Bench as the Chief Justice may from time to time appoint.17. Rules issued by any Court on its own motion shall be dealt with by that particular Court provided that such rules under section 15 of the Act shall be heard and determined by such Bench of Judges as the Chief Justice may appoint.18. Notwithstanding anything contained in Rules 15 to 17 above, the Chief Justice may assign a rule for hearing before another Judge or Bench if required in the special circumstances of to case or if the Judge or the Bench reports or report to the Chief Justice for so doing.19. The Court may issue Rule Nisi or summarily reject the petition or make such older thereupon as thought fit.The Rule Nisi shall be drawn up, as far as may be, in the model form in Form No. 1, Appendix I.

19A. Reference made by the subordinate courts shall be placed before the Bench in Chambers for orders.20. Where a rule is issued by the Court on its own motion or on a motion made by the Advocate-General under section 15, the Rule Nisi shall be drawn up, as far as may be in the model form in Form No. 2, Appendix I.21. Preparation of paper – book for use of the Court and of the contemner shall be made by the office as per direction of the Court.22. Provisions in these rules shall applymutatis mutandisin cases of contempt of subordinate courts.23. Every attempt shall be made to serve the Rule Nisi personally upon the alleged contemner or contemners, but in suitable cases, the Court on being satisfied that personal service cannot be effected may make an order for an alternative form of service provided for by the Code of Civil or Criminal Procedure.24. In applications before a Judge or Judges sitting in the Original Side minutes shall be maintained as in applications made in the Original Side of this Court. In applications before a Judge or Judges sitting in the Appellate Side an Order Book shall be maintained as in Civil Revision cases. In the case of a Criminal Contempt, however, order sheets shall be maintained as in Criminal Revision cases.25. So far as appearance of Advocates and Attorneys are concerned the rules applicable in the Original Side shall apply to applications made in the Original Side and the rules applicable in the Appellate Side shall apply to applications made in the Appellate Side.26. Upon a Rule Nisi being issued on a petition, the petitioner shall within one week of the making of the order file as many typed copies of the petition as there are respondents. Where the Central Government, State Government or a Government Department is a party respondent, an additional copy of the petition will be filed for service upon, the Legal Remembrancer of the State or Solicitor to the Central Government.27. Except as otherwise specified in these Rules – in respect of applications moved before the Original Side, the Rules of the Original Side relating to interlocutory applications and in respect of applications moved before the Appellate Side or in respect of proceedings for Criminal Contempt initiated in the Appellate Side Rules of the Appellate Side relating to Civil Revision Cases or Criminal Revision Cases, as the case may be, shall applymutatis mutandiswith regard to the following matters: -(1) The drawing up of all interlocutory Orders and Rule Nisi.(2) The service of all orders and the Rule Nisi upon the respondents or the contemners :Provided that in applications moved before the Appellate Side the cost of serving the interlocutory orders by post upon the respondent or respondents shall be borne by the petitioner.(3) The appointment of next friend for a petitioner or a guardian ad – litem for the respondent or the contemner, where the petitioner or the respondent or the contemner as the case may be, is as minor or a person under disability.(4) The entering of appearance of the respondents or the contemners including the filing of Vakalatnamas and power of attorney.(5) The making of interlocutory applications.(6) Affirmation of affidavits.(7) Filing of petitions and affidavits.(8) Payment of court – fees.(9) Payment of process – fees.(10) The drawing up of order generally.(11) Assessment or taxation of cost.(12) Any matter, not expressly covered by these rules.28. In applications moved before the Original Side, when the return of service has been filed and in proceedings for criminal contempt initiated in the Appellate Side when the return of service (which shall include a return of non – service) upon the contemner – opposite party has been received and on the expiry of the returnable date the matter shall be put down in the daily or peremptory list of the appropriate Court for direction.29. The respondent or the contemner may file an affidavit showing cause and the petitioner may file a reply thereto within such time as may be directed by the Court. The Court may, however, in a contempt proceeding take such evidence as may be considered necessary.30. All affidavits shall be drawn tip in paragraphs numbered consecutively and shall be type – written, transcribed and verified in the same manner as a petition. The annexures shall be in the same form as a petition and consecutively paginated.31. Excepting in cases where rules have been issued by the Court on its own motion, no affidavit shall be allowed to be filed unless the same be accompanied by a receipt showing service of a copy thereof on the Advocate or Attorney appearing for the other side.32. (1) Fines imposed by any Judge or Bench of the Appellate Side or the Original Side shall, unless the Court directs otherwise, be deposited with the Registrar, Appellate Side or Original Side as the case may be.(2) Fine imposed upon a contemner if not deposited may be realised in accordance with the procedure prescribed by section 421 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).33. Orders for committal shall be drawn up, as far as may be in accordance with the model form set out in Appendix II.34. The Court may call upon the Advocate-General to appear and conduct any contempt proceeding on behalf of the Court.35. In respect of appeals from the orders of any Judge or Bench of the Original Side the Rules of the Original Side relating to appeals and in respect of appeals from the order of any Judge or Bench of the Appellate Side, the Rules of the Appellate Side shall apply mutatis mutandis.36. Repeal and Savings. – On the coming into force of these rules, all existing rules or the like governing any matter dealt with or covered by these rules shall stand repealed :Provided that this appeal shall not affect or invalidate anything done, any action or decision taken, any disposal made, any order or proceeding made or issued under the existing rules before the amendment of these Rules.

Appendix I

Forms Of Rule NISI

Form No. 1

Upon reading a petition of …………………………….. and his/their affidavit of verification thereof, dated…………………………….. and the exhibits or annexures to the said petition and upon hearing …………………………….. advocate or the said petition(s).It is ordered that Rule do issue calling upon the respondent/ respondents to show cause why he/they should not be committed to prison or otherwise penalised or dealt with for having …………………………….. (set out the nature of contumacious conduct).And it is further ordered that pending the disposal of this Rule the respondent/respondents are restrained from …………………………….. (State particulars).The Rule is made returnable …………………………………………………………….On the returnable date, it is ordered, the respondent/respondents shall appear personally before this Court at …………………………….. a.m./p.m., and shall not leave the Court without permission.

Form No. 2

Whereas it has been brought to the notice/been reported to of this Court by an affidavit filed by the Advocate-General, Registrar, Appellate/Original Side of this Court that the respondent/respondents has/have……………………………..

(Set out the nature of contumacious conduct)

It is ordered that a Rule do issue calling upon the respondent(s) to show cause why he/they should not be committed to prison or otherwise penalised or dealt with for the acts or conduct stated above.The Rule is made returnable on ……………………………………………………………The contemner shall be personally present in Court at ……………………………. on the returnable date and shall not leave the Court without permission.

Appendix II

In The High Court At Calcutta

(Special Jurisdiction) Contempt of Court

No ………………………………….. of………………..

To     The Sheriff of the Town of Calcutta andTo     The Superintendent of the Presidency Jail     Whereas………………………………….. (Give full name and address of the contemner) has this…………………day of……………………….. 20…….. been found guilty of contempt of court for (Give particulars)………………………… and whereas it has been ordered that the said …………………………….. (Give name of the contemner) be…………………

(Give particulars of the sentence imposed)

These are therefore to will and require you the said Sheriff to take the said …………………………….. and to carry and convey …………………………….. forthwith to the said Jail under safe and secure conduct. And you the said Superintendent aforesaid are hereby in the name of President of the Union of India commanded and required to take and receive the said…………………………….. into the Jail and keep imprisoned therein until the further order of this Court.     Witness …………………………….. Chief Justice at Calcutta aforesaid the…………………………….. day of…………………………….. in the year Two thousand and……………………………..Attorney.

Registrar.
By order of the High Court
Deputy Registrar.

Suit No ……………………… of 19……..

In The High Court At Calcutta

Special Jurisdiction/Civil Jurisdiction

versus

Contempt Warrant

Filed this…………………………… day of…………………. 20………..

Assistant Registrar
Attorney.

Appendix IV

Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India

The following Rules framed by the High Court at Calcutta will come into force with effect from the 23rd day of May, 1986.

CHAPTER 1

  1. Except as otherwise provided, all applications made under Article 226 of the Constitution shall be governed by these rules.2.Rule 8, second paragraph, Part – I, Chapter – II, Rule 15A, Part – II, Chapter – V and Rule 28A, Part – II, Chapter – XI of the Appellate Side Rules shall stand repealed.3. All such applications shall be expressed to be made in the “Constitutional Writ Jurisdiction” of this Court except that applications for a Writ in the nature of Habeas Corpus shall be expressed to be made in the “Constitutional Writ Jurisdiction (Habeas Corpus)”.4. All applications for Writs in the nature of Mandamus, Prohibition and Quo Warranto, in which all the respondents reside or carry on business or have their offices situate within the Ordinary Original Civil Jurisdiction of this High Court, whether they relate to a person or Court, or Authority, whether exercising civil, criminal or other jurisdictions, shall be dealt with by the Original Side and shall be marked as “Original Side” application.5. All applications for Writ in the nature of Certiorari, wherein the records are located or are available within the Ordinary Original Civil Jurisdiction of this High Court, whether they relate to an authority or Court exercising civil or criminal or other jurisdiction, shall be dealt with by the Original Side and shall likewise be marked as “Original Side” applications, where such authority or court and any other person, having custody of the records, have their offices situate within the aforesaid Ordinary Original Civil Jurisdiction of this High Court.[6.] All applications for a Writ in the nature of Habeas Corpus shall be made before the Division Bench taking the criminal business of the Appellate Jurisdiction of the High Court and shall be governed by the following procedure:

(i) Such application shall be made by Advocates and Attorneys may instruct such Advocates;

(ii) Applications shall be made on petition duly verified by affidavit setting forth the circumstances under which the order is sought;

(iii) Where the application is for an order that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into such Court, it shall be stated where the prisoner is detained and for what purpose his evidence is required;

(iv) Where an order under clause (3) of Section 475 of the Criminal Procedure Code, 1973 is required the Court martial or the Commissioners may send an application to this Court in writing and in such case an affidavit shall not be required. The application shall be in the form of a letter addressed to the Registrar stating the purpose for which the said Court martial has been assembled or the authority under which the Commissioners are acting, and also, stating where the prisoner is detained in custody and when, where, and for what purpose he is required to be produced. It shall be the duty of the Registrar to submit the letter, as soon as possible after receipt thereof, to, and to obtain the order thereon of the Judges presiding over the Criminal Appellate Bench of this Court;

(v) Where the application is for an order that a prisoner within the limits of its Appellate Criminal Jurisdiction be removed from one custody to another for the purpose of trial, notice of the application shall be served on the prisoner and it shall be stated in the affidavit where the prisoner is detained in custody to what other custody it is proposed to remove him and the reason for such change of custody;

(vi) Where an application is for an order that the body of a defendant within such limits is brought in or the Sheriffs’ return of cepi corpus to a writ of attachment, or the Sheriffs’ return of cepi corpus to the warrant of arrest shall be produced.

The officer having the custody of the Sheriffs’ return shall cause the same to be produced before the Court on a requisition to him in writing;

(vii) In any case in which the Court shall order a person in custody to be brought either before it, or before a Court martial, or before Commissioners, or to be removed from one custody to another, a warrant shall be prepared and signed by the Registrar, Appellate Side, and sealed with the seal of the Court;

(viii) Such warrant where issued under Rule 33, shall be forwarded by the Registrar of the Appellate Side to the Officer in charge of the jail in which the prisoner is confined; in every other case the warrant shall be served personally upon the person to whom it is directed or otherwise as the Court shall direct;

(ix) Where the application is to bring up before the Court a person in custody under a warrant to detain such person, a copy of the warrant under which’ he is detained, obtained from an authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and denied;

(x) Where the Court is of opinion that a prima facie case for granting the application is made out, a rule nisi may be issued calling upon the person against whom the order is sought to appear on a day to be named therein to show cause why such order should not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there is to be dealt with according to law;

(xi) On the returnable day of such rule or on any day to which the hearing thereof may be adjourned where no cause is shown, or where cause is shown or where cause shown and disallowed, the Court shall pass an order that the person or persons improperly detained shall be set at liberty or delivered to the person entitled to his or their custody. Where cause is allowed the Rule shall be discharged;

(xii) In disposing of any such rule the Court may in its discretion make an order for the payment by one side or the other of the costs of the rule;

(xiii) The forms of warrants No. 57 to 61 (Criminal) of Appendix II shall be followed.

  1. All other applications whether they relate to a person or authority or Court exercising Civil or Criminal or other jurisdiction shall be dealt with by the Appellate Side of the High Court and marked as “Appellate Side” applications.[8.All such applications which are marked “Original Side” applications shall be numbered as “W.P. No. ……………… of ………………… (state year)” and all applications which are “Appellate Side” applications shall be numbered as “W.P. No. ………………….. (W) of ………………….. (state year)”:Provided that all applications under Article 226 of the Constitution filed in Andaman & Nicobar Islands shall be numbered as “W .P. (AN) No. ………………….. of ………………. (state year).”][8A. All petitions under Article 226 of the Constitution shall contain the particulars as detailed in the proforma as specified in the Rules relating to computerised listing on the Appellate/Original Side as applicable.A petition which does not contain the necessary details as prescribed shall not be accepted by the department.][8B. All petitions for the issuance of high prerogative writs under Article 226 of Constitution shall also contain the particulars as detailed in the proforma being Schedule A to these Rules mentioning the Group and Head according to the classification list of different types of writ proceedings as specified in Schedule B to these Rules.]

9. All petitions and affidavits with suitable modification shall be instituted.In the Matter of : An application under Article 226 of the Constitution.

And

In the Matter of: (state the name and other particulars required, as in a plaint, of the petitioner or each of the petitioners).

… Petitioner.

Versus

(State the name and other particulars required as in a plaint of the respondent or each one of the respondents).

… Respondent.]

  1. All petitions shall consist of paragraphs numbered consecutively and shall be fairly and legibly type – written on standard petition paper, demi – foolscap size or on paper ordinarily used in the High Court for transcribing petitions, with quarter margin.[11.All petitions shall contain a paragraph containing the “grounds” upon which the petition is moved, each separate ground being serially numbered. In every application under Article 226 of the Constitution, there should be appended a paragraph containing a statement, that on the self same facts or cause of action, no application was moved earlier or at all, before any Court and if so moved, the result thereof, must be indicated and further that the concerned application was not moved before any Court. A writ petition challenging an investigation or criminal proceeding with a prayer for stay of arrest during the pendency thereof or for grant of anticipatory bail or bail, shall also state whether the petitioners or any of them previously moved this Court or any other Court for anticipatory bail or bail and if so, state the number of the case, date of disposal and the results thereof.]12. The prayers to the petition shall distinctly state the particular Writ or orders or directions which the petitioner requires to be issued. Where leave is asked for making an application in a representative capacity, there must be a distinct prayer to that effect.13. In an application for a Writ in the nature of Certiorari, there should be a statement as to the location of the records of the proceedings impugned.14. Every petition must be signed and dated by the petitioner or his duly authorised agent.Explanation. – An endorsement in the petition signed by the advocate representing the petitioner, to the effect that he is satisfied that the petition has been signed by an agent of the petitioner duly authorised in that behalf, shall be accepted as prima facie evidence of the fact that the provision of the Rule has been complied with.[15. Every petition shall be verified by the solemn affirmation made by the petitioner or a person or persons duly authorised in this behalf and proof to the satisfaction of the Court to be acquainted with the facts of the case in the manner as specified under sub – rules (ii) and (iii) Rule 15 Order VI of the First Schedule of the Code of Civil Procedure and who having cognizance of the facts stated and shall clearly.by reference to the paragraphs of the petition whether the statements are based on knowledge, information and belief, or on records and where statements are based on information, the source of information should be disclosed and where the statements are based on records, sufficient particulars be given to identify the records.]16. Where the petitioner is a Company or a Corporation, there should be appended an affidavit of competency, where the petitioner or a respondent is a Corporation, the provisions of the Civil Procedure Code in so far as they are applicable shall apply.17. Unless the Court otherwise directs, every application for a Writ in the nature of Habeas Corpus, shall be accompanied by an affidavit of a competent person setting out all material facts including the place of the detention, if it is known to him.18. It will not be necessary to set out in the application or in the affidavit any document, which is part of a record present in the High Court, but the application shall state shortly all facts upon which it is intended to rely, and shall give the number, letter, title or other description of all documents on the record present in the High Court, to which it is intended to refer.[19. In the case of an application relating to a matter which is or has been before the High Court, the High Court file, together with the application shall be placed before the Court or the Registrar at the time of hearing of the application. When an applicant desires that any document in a record present in the High Court shall be produced at the hearing, in order that it may be referred to by the Court, he shall at the time of filing the application, give notice to produce the same to the proper officer of the Court.Provided that no production shall be made in a pending case without the approval of the Judge, before whom the case is pending.]20. All petitions for a Writ in the nature of Mandamus shall contain a statement as to whether a demand for justice has been made and specify the particulars of such demand, including the date and service thereof. A copy of such demand, where the demand is in writing, shall be set out in the annexure to the petition.[21. (a) All petitions must be filed in paper book form with index alongwith a short list of dates and a statement of the point of law involved.]

[(b) ****]

[(c) Documents in vernacular may be supplied with an official translation as and when directed by the Court.]

(d) The annexures of all pleadings shall be separately paginated and distinctively marked as follows:

(i) Annexure to the petition must be marked P/1, P/2, P/3, etc.

(ii) Annexure to the affidavit – in – opposition must be marked R/1, R/2, R/3, etc.

(iii) When there are annexures to the affidavit – in – reply it shall be marked P/4, P/5, P/6, etc.

(iv) Where there are more than one affidavit – in – opposition the numbering must indicate the particular respondent to whose affidavit the particular document is annexed. For example, an annexure to the affidavit of Respondent No. 1 will be marked as R – 1 /1, R – 1 /2, R – 1 /3, etc. Annexure to the affidavit of Respondent No. 2 will be marked as R – 2/1, R – 2/2, R – 2/3, etc. and so on.

(e) Papers in connection with interlocutory applications, applications for substitution, amendment etc. must be maintained in separate files in the same manner. All pleadings in interlocutory matters must indicate the nature of the interlocutory proceeding at the top of each pleading and at the top of the file in which papers relating to the matters are maintained.]

  1. Original documents, or certified copies may not be annexed as such, but copies thereof as indicated in Rule 21 above may be annexed.23.Where a document is not in the English language, the Court may direct that the party filing the same as an annexure, should get it officially translated. The procedure for such translation of any document annexed to an application moved in the Original Side or in the Appellate Side and the fees to be paid therefor, shall be as provided in the Rules of the Original Side or the Appellate Side as the case may be.24. Where the respondent is the Central Government, the Government of West Bengal or any other State or Corporate body, the cause – title shall mention the person upon whom the Writ is to be served, e.g. – “The State of West Bengal through………………..”.[24A. Before any matter is listed for hearing the officer before whom the petitions are filed shall certify that all the formalities prescribed under the Rules including the classification, sub¬classification, etc. have been complied with. No defective filing shall be entertained except when the same is dispensed with with the express leave of the Court.][25. All applications under Article 226 of the Constitution shall be filed centrally, as per the Rules relating to computerised listing on the Appellate/Original Side, as applicable:Provided that an application under Article 226 of the Constitution may be moved before the Judge on Circuit at the Andaman and Nicobar Islands:Provided further that no application shall be moved at the residence of a Learned Judge or elsewhere outside the Court premises, without an assignment in writing from the Chief Justice or any Judge authorised by the Chief Justice in that behalf.][26. Save and except as provided in these rules, all applications for a Rule Nisi shall be made in the first instance before the Court on such day or days and at such time or times as may be fixed by the Court.]An application under Article 226 shall not be moved and no prayer for interim order shall be entertained in a writ petition under Article 226 of the Constitution without serving copy of such petition alongwith all annexures upon the respondents to be bound by or affected by such interim order and without giving such party a reasonable opportunity to contest the same, without serving 48 hours’ prior notice alongwith a copy of the application under Article 226 of the Constitution, proposed to be moved, on the concerned respondent. Provided where the State Government is a party, service on the Legal Remembrancer/Government Pleader, as appropriate, will be sufficient; where the Central Government/ Local Authority/ Body/Corporation or any of its officers is a party service may also be made on the Standing Counsel for the Central Government/Local Authority or Body or Corporation notified to the Registrar in this behalf:Provided that the Court may for reasons recorded allow the moving of the application and entertain the prayer for such interim order without such notice, in which case, a copy of the application alongwith all annexures in support thereof, shall forthwith be served by the petitioner, upon the respondents against whom the interim order has been obtained:[* * *]Provided further that an affidavit of service shall be filed showing compliance with these rules before the matter is taken up for hearing. The Court hearing such an application may issue a Rule Nisi or summarily reject the application or issue notice or give direction/ directions or make such order thereon as it thinks fit.A Judge, for the reasons recorded, at the hearing or at any subsequent stage of the proceeding may make it returnable before a Division Bench or may while hearing the Rule, refer the same to the Division Bench for hearing.Explanation. – The Judge hearing such application may dispose of the same by issuing notice and without issuing formal Rule.[* * *][27.] In all cases where service is effected by the party, an affidavit of service be filed within such time as the court may direct.[In all cases where service is affected by the party on the Legal Remembrancer /Government Pleader, the office of the Legal Remembrancer/Government Pleader must specify the name of the Advocate concerned to deal with the matter in respect of which notice is served.][28. Every such application filed shall ordinarily be listed before the appropriate bench under the heading “For Admission” after 48 hours. The said period of 48 hours shall be deemed to be sufficient notice to the respondent – opposite party covered by Rule 26 of these rules to seek instruction. Except in special circumstances no adjournment shall be granted by the Court in such cases for seeking instructions once the case has been so listed for admission.]29. A party who has been served with notice as aforesaid [………….] or any of the respondents having knowledge of such a petition or application, shall be entitled to appear at the hearing thereof and shall have opportunity of being heard.[30. Every application for vacating and/or modifying any ex parte interim order shall, unless the Court otherwise directs be filed only upon previous notice to the petitioner in the writ petition and as and when application is filed, it should forthwith be listed for hearing at the top in the daily list under a special heading “Application for vacating ex parte interim order” and all endeavours should be made to dispose of such application at the earliest possible opportunity.]31. Every application for vacating and /or modifying any other interim order shall, unless the Court otherwise directs, be filed only upon previous notice to other parties.32. A Rule nisi issued on an application moved in the Original Side shall be drawn up as far as may be in the model form set out in Appendix I while the Rule nisi issued on an application in the Appellate Side shall be drawn up in the manner as in respect of an application under section 115 of the Code of Civil Procedure.[33. In applications marked “Original Side”, an order book and minutes shall be maintained as in applications made in the Original Side of the High Court. In applications marked “Appellate Side”, an order book shall be maintained as in Civil Revision Cases in the Appellate Side.]34. So far as appearance of Advocates and Advocates on record are concerned, the Rules applicable in the Original Side will apply to applications marked “Original Side” and the Rules applicable in the Appellate Side will apply to applications marked “Appellate Side”:Provided that in the matter of applications marked “Original Side” as aforesaid, but relating to Industrial Tribunals or the Corporation of Calcutta or Income Tax or Agricultural Income Tax or other Tax Authorities or Tribunals, Advocates not entitled to practise on the Original Side and Advocates so entitled under Chapter I, Rule 2 of the Original Side Rules, shall be entitled to appear and act.35. (1) Upon admission of his petition in respect of petitions marked “Appellate Side”, the petitioner shall, within a week of the making of the order, file as many copies of his petition as there are respondents who have not been served together with an extra copy for each serving Court, to be retained by such Court for the purpose of drawing up of the return of service or non service as the case may be. Where the State Government is a party respondent copies will be filed for serving upon the concerned officer. Where the Central Government or the Andaman and Nicobar Administration is a party respondent, an additional copy will be filed for service upon the Officer – in – Charge of the Branch Secretariat of the Ministry of Law, Justice and Company and Legal Affairs, Calcutta or the Principal Officer of the Andaman and Nicobar Administration in Calcutta.(2) In applications marked “Appellate Side”, where fresh service is effected, notice of that fact shall be given to the petitioner, who shall within a week of the service of such notice, file the requisite number of copies of the petition for such fresh service. In case of default in filing such copies, the matter will be placed before the appropriate Court for further directions.(3) Unless the Court otherwise directs, such of the respondents, who have already been served with a copy of the petition under Article 226 of the Constitution under Rules 26 and 27 as above need not be served with a copy of such petition along with notice of the Rule and no copies on that account need further be filed by the petitioner.(4) In applications marked “Appellate Side”, where notice on a particular respondent has been returned unserved and the copy of the petition has also been returned therewith, filing of fresh copies of such petition may be dispensed with by the Registrar.[(5) Deleted.][36.] (1) Except as otherwise specified in these Rules:In respect of “Original Side” applications, the Rules of the Original Side relating to Interlocutory applications, and in respect of “Appellate Side” applications, the Rules of the Appellate Side relating to Civil Revision Cases shall applymutatis mutandis, in respect of the following matters:

(a) The drawing up of the Rule nisi.

(b) The service of all Orders and the Rule nisi upon the respondent or respondents. Provided, however, that in applications marked “Appellate Side”, the cost of serving interlocutory orders by post upon the respondent or respondents shall be borne by the petitioner.

(c) The appointment of Next – friend for a petitioner or a guardian – ad – litem of the respondents, where the petitioner or the respondent, as the case may be, is a minor or a person under disability.

(d) The entering of appearance of the respondent or respondents, including the filing of Vakalatnamas and Powers of Attorney.

(e) The making of interlocutory applications.

(f) Affirmation of affidavits.

(g) Filing of petitions and affidavits.

(h) Payment of Court – fees.

(i) Payment of Process – Fees.

(j) The recording of orders generally.

(k) Assessment or Taxation of costs.

(l) Any matter, not expressly covered by these Rules.

(2) On all applications whenever an order shall be passed, the same shall become effective upon pronouncement thereof by a Judge or by the Judges, as the case may be dealing with the applications.37. Unless otherwise ordered, a Rule nisi in an application marked “Original Side” shall be returnable within three weeks from the date of the making of the order. A Rule nisi in an application marked “Appellate Side” shall be likewise returnable eight weeks from the date of the making of the order:Provided that an application filed before the Judges in Circuit in Andaman and Nicobar Islands shall be made returnable within such time as the Judges direct.38. Unless the Court otherwise directs, the respondent/ respondents shall file his/their affidavit – in – opposition/s within four weeks from the date of service of the Rule Nisi. The said affidavit – in – opposition/s shall be accompanied by a receipt showing service of a copy of the same upon the petitioner or his advocate – on – record. Within three weeks from the date of service of the affidavit – in¬opposition/ s upon the petitioner or his Advocate – on – record, as the case may be, the petitioner shall file his affidavit – in – reply thereto together with a receipt showing service of the said reply upon the respondent or his advocate – on – record:Provided that the Judge issuing Rule nisi while in Circuit at Andaman and Nicobar Islands shall give directions at the time of the issue of the Rule nisi for counter – affidavit or other affidavits and affidavit – in – reply.[39. All affidavits shall be drawn up in paragraphs numbered consecutively and shall be type written, printed or cyclostyled, xeroxed and transcribed in the same manner as a petition and shall be verified in the same manner as a petition. The annexures shall be paginated and numbered in the manner prescribed in Rule 21 hereof.]40. Unless otherwise ordered, all affidavits shall be filed before the proper officer of the Court and in compliance with directions given by the Court. No affidavit shall be used unless filed at least 24 hours before the sitting of the Court on the date fixed for the hearing and no affidavit shall ordinarily be read at the hearing unless a copy thereof has been served upon the respondent or his Advocate at least 24 hours prior to such hearing.41. Unless otherwise ordered, a Rule nisi in the case of a Writ of Certiorari shall contain a direction upon the inferior Court, Tribunal or Authority concerned, to cause the relevant records to be produced at the time of hearing.42. Upon a final order being made, or a Rule being made absolute, the petitioner, through his Advocate or Advocate – on – record, as the case may be, shall within a week thereof, make a requisition in writing to the Registrar, for drawing up of the said order or the Rule. The Registrar shall then proceed to draw up the Order or Rule, upon notice to the contesting parties or the Advocate or Advocates – on¬record appearing on their behalf.43. Writs shall be drawn up as far as may be, in accordance with the model forms set out in Appendix II.44. In applications marked “Original Side”, copies of all Writs or final orders shall be made over to the petitioner or his Advocate¬on – record, for service upon the respondent or the parties concerned and shall be served according to the rules for serving orders in the Original Side.45. In applications marked “Appellate Side”, copies of all Writs or final orders shall be handed over to the petitioner or his Advocate or served through Court, upon payment of process fees.46. All Writs of Mandamus, issued upon Companies incorporated under the Indian Companies Act or any order or direction which calls upon the Company, to do or abstain from doing anything, shall be served upon the Company, but the petitioner may furnish a list of Directors residing within the jurisdiction of the Court and obtain a direction from Court that each such Director shall be served with a copy of such order, direction or Writ, and thereupon such Directors shall be served with such order, direction or Writ as if they were parties to the application.47. Any such person served with an order, direction or Writ may appear and object to such service upon him.[48. (1) Appeals from orders in this jurisdiction shall be made in the Original Side if the original order is passed in the Original Side and in the Appellate Side if the original order is passed in the Appellate Side by presenting a Memorandum of Appeal drawn up in accordance with the Original Side Rules or the Appellate Side Rules as the case may be together with a certified copy of the order appealed from:Provided, however, leave may be granted by the Appeal Court to present the Memorandum of Appeal without the certified copy of the order, if an application has been made by the appellant for a certified copy of the order, but the certified copy of the order has not been made available to the appellant by the department.(2) All other Rules applicable to Original Side Appeals and Appellate Side Appeals in terms of the Rules of the Original Side and Appellate Side shall apply mutatis mutandis to the appeals preferred in the Original Side and appeals preferred in the Appellate Side respectively:Provided that unless the Court otherwise directs no prayer for any interim order shall be entertained unless a copy of an application for such an interim order has been served upon a party, who has lodged a caveat in the form and manner as may be prescribed, and given an opportunity of being heard.]49. The Court may direct any party to an application to furnish security, either to the satisfaction of the Registrar or in any other manner. Such matters will be dealt with by the Registrar, Original Side and the provisions of the Rules of the Original Side in so far as they are applicable, shall apply.50. In matters marked “Appellate Side”, deposit and withdrawal of costs shall, in the absence of special directions, be effected in the Accounts Department of the Appellate Side in the same manner as Paper – Book costs.51. In all applications involving Revenue, where an assessment has already been made or upheld, no order shall be made staying the realisation thereof, unless the assessee making the application, gives security as may be deemed adequate by the Court, for the due payment of the amount assessed to tax. The amount of security, the time within which it shall be furnished and the manner of furnishing, shall be at the discretion of the Court making the order. Where such security has been ordered ex parte, any party to the application upon being served with the Writ, may apply to the Court for enhancing or reducing the same.52. Except when otherwise directed, the records of the lower Courts, Tribunals or Authorities, if received by the Court, shall be sent down as soon as possible after the case has been disposed of.[53. Save and except as provided by these Rules and subject thereto, the provisions of the Code of Civil Procedure (Act V of 1908) in regard to suits shall be followed, as far as it can be made applicable, in all proceedings under Article 226 and nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of this Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Courts.][53A. The Court may in proceedings under this Chapter impose such terms as to costs and as to giving of security as it may deem fit. Where costs have been awarded by the Court in a writ petition or in an appeal from an order passed on a writ petition, any party entitled thereto may apply to the Court for execution of the order. The application shall be accompanied by an affidavit stating the amount of costs awarded. The Court may direct the order to be sent to the District Court of the District in which. the order is to be executed. The order may be executed by such Court or be transferred for execution to any subordinate court.Explanation. – This Rule is in addition to the Rules of recovery prescribed under Article 15 to Schedule I to the Bengal Public Demands Recovery Act and under section 36 of the Code of Civil Procedure 1908.]54. All earlier rules framed by the High Court in this regard are hereby repealed and these Rules shall apply to all pending proceedings.

[CHAPTER 2]

Public Interest Litigation.

  1. Application of this Chapter.– The Rules incorporated in this Chapter will be applicable only to Public Interest Litigation as defined in Rule 56 hereof in addition to those contained in Chapter I.56. Definition of Public Interest Litigation.– Public Interest Litigation shall include a litigation the subject-matter of which is a legal wrong or a legal injury caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is, by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the Court for relief, and for redressal of which any member of the public not having any personal interest in the subject – matter presents an application for an appropriate direction, order or writ in this Court under Article 226.Notwithstanding anything contained above, in any appropriate case, though the petitioner might have moved a Court in his private interest and for redressal of personal grievances, the Court in furtherance of the public interest involved therein may treat the subject of litigation in the interest of justice as a public interest litigation.57. Modes of entertainment of Public Interest Litigation. – A Public Interest Litigation may be initiated in any of the following ways:

(a) By presenting a petition of motion complying with the formalities required for filing an ordinary writ – application under Group – IX (Residuary) of the Classification List being Schedule B hereof. Such petition should be placed before the Division Bench constituted by the Hon’ble the Chief Justice for entertaining Public Interest Litigation:

Provided that a letter addressed to the Hon’ble the Chief Justice pointing out the violation of the constitutional or legal right or the instances of the legal injury to any person or class of persons, which can form the subject – matter of a Public Interest Litigation, may also be entertained:Provided further that a letter addressed to the Hon’ble the Chief Justice shall be an exception to the normal rule of presenting petitions in accordance with these rules.

(b) Suo motu reference by any of the Judges of this Court including the Hon’ble the Chief Justice calling for appropriate action in a situation, which forms the subject – matter of a Public Interest Litigation.

  1. Procedure for initiation of proceedings by way of letter addressed to the Hon’ble the Chief Justice.

(a) All letters addressed to the Hon’ble the Chief Justice as provided in the proviso to Rule 57(a) of these rules shall be considered by the Hon’ble the Chief Justice in chamber and listed for consideration if the Hon’ble the Chief Justice so directs.

(b) In the event the Hon’ble the Chief Justice is of the considered view that the subject matter of the letter does not constitute public interest litigation as defined in this chapter or that the sender of the letter is not sufficiently disabled to present a formal petition in terms of Rule 57(a) of these rules, an intimation shall be sent by the Registry to the sender of the letter whereupon the sender of the letter shall be entitled to present a formal petition before the Court.

(c) Once the contents of a letter are treated as constituting ground for initiation of a public interest litigation, it shall be registered like any other writ petition by giving a number and then listed before the Division Bench vested with determination to take up Public Interest Litigation for necessary orders being passed thereon.

(d) The sender of the letter upon registration thereof as a regular writ petition shall not be entitled to engage a member of the Bar of his choice in support of his claim but may withdraw the petition and present a formal petition in terms of Rule 57(a) of these Rules.

  1. Procedure for initiation of suo motu proceedings at the instance of the Judges. – If any of the judges of this Court is of the opinion, whether in course of hearing of any judicial business or otherwise, that there has been violation of fundamental or legal right of any person or class of persons or there exists any instance of legal injury, which constitutes the subject – matter of a Public Interest Litigation justifying immediate intervention of this Court, he may, by giving a report in detail, draw the attention of the Division Bench taking up Public Interest Litigation by directing the Registrar General to register such report as a Public Interest Litigation and to place the same before the said Division Bench. The report so placed before the Division Bench shall be treated as a Public Interest Litigation and the Division Bench shall decide the matter in accordance with law. Neither any court fees shall be payable on such suo motu proceedings nor any supporting affidavit need be affirmed.60. Engagement of Advocates for assisting Court. – In the matter of Public Interest Litigation mentioned in Rules 58 and 59 above, the Division Bench taking up Public Interest Litigation may, in its discretion, engage any member of the Bar for rendering pro – bono service in support of the contents of the letter forming subject – matter of Public Interest Litigation.Nothing in these Rules shall preclude the Division Bench to direct payment of honorarium to such an advocate i f it considers fit and proper in the circumstances by directing the parties before it to bear the same.61. Power of court to take appropriate action in case a Public Interest Litigation is found to be frivolous. – If a Division Bench while disposing of a Public Interest Litigation initiated in terms of Rules 57(a) and 57(b) of these Rules finds that the same is a frivolous one or made with mala fide intention or both, it may not only impose exemplary costs against the petitioner but also debar him from presenting any Public Interest Litigation in future before this Court for such a period as it thinks fit.62. Costs. – The costs that may be awarded by the Division Bench while dismissing a frivolous Public Interest Litigation may, if directed, be deposited in a fund to be operated by the Registrar General and the money so realised should be deposited with State Legal Services Authority.

Appendix I

Form of Rule Nisi

Matter No.

or C. R. No.

Original Side

or Appellate Side

Cause Title as in Petition

Upon reading a petition of …………………… and his affidavit of verification thereof, dated ……………… and the exhibits or annexures to the said petition, and upon hearing ……………. Advocate for the said petitioner.It is ordered that a Rule do issue calling upon the respondent or opposite parties to show cause why a Writ in the nature of Mandamus should not be issued directing the said respondents or opposite parties to do (state the things that should be done) or forbear from doing (state the things that should be forborne) or why a Writ in the nature of Certiorari should not be issued setting aside, cancelling, or quashing the following:[State the documents, orders or proceedings to be set aside, cancelled or quashed]and they are further commanded at the hearing of the application to produce in Court or cause to be forwarded to the Registrar of this Court, for being so produced, all the said documents, orders or proceedings, and the following other , documents, records or proceedings.

[Set out a list]

so that conscionable justice may be administered by setting aside, cancelling or quashing the same or making such other directions as to the Court seem fit and proper.or why a Writ in the nature of Prohibition should not issue commanding the respondents or opposite parties (or if only one or more of them, then state their numbers in the cause – title) not to proceed with [give particulars of proceedings] or exercise jurisdiction in any manner in respect thereof or why a Writ in the nature of Quo Warrantoshould not be issued upon the respondents or opposite parties (or if only upon one or more of them then state their numbers in the cause – title) directing him or them to show to the satisfaction of this Court as to the right and authority under which he or they are holding the office of [state particulars of office] or acting as [state particulars] and to show cause why he or they should not cease to hold the office and vacate the same forthwith and/or cease to exercise any power or authority in connection therewith and/or cease to act in the capacity mentioned above.And it is further ordered that pending the disposal of this application the respondents or opposite parties are restrained from doing the following acts:

[State particulars]

and/or that the following proceedings are stayed:

[State particulars]

In witness whereof, etc.Rule Nisi in case of a Writ of Habeas Corpus.To ………………………. GreetingsWhereas you have in your custody the body of …………………….. we command you upon the receipt of this our Writ to produce the body ………………….. before the Court or Judges [give particulars] on the……………………. to undergo and receive all and singular such matter or things as our Court or Judge shall then and there consider of concerning him in this behalf.And in default, take notice that you shall be answerable for contempt in not obeying the orders of this Court.

Appendix II

Form of Writs

Form I

Writ in the nature of Mandamus

Upon reading on the part ………………….. (hereinafter referred to as the “Petitioner”) his petition, affirmed by an affidavit of…………………. And upon reading an affidavit of ………………… and……………… and being the returns made to the rule nisi issued herein dated And upon hearing appearing on behalf of the petitioner, and………………… appearing on behalf of the respondent.It is ordered that the said order nisi is hereby made absolute, and it is further ordered that a Writ in the nature ofMandamus is issued upon the respondent [here state which respondent or respondents] ……………….. commanding the said respondent (or respondents) to do or forbear from doing the following acts, that is to say -And it is further ordered that(State any other directions given or order made]Witness, etc.

Form II

Writ in the nature of Certiorari

Upon hearing on the part of …………………..(hereinafter referred to as the “Petitioner”) his petition, affirmed by an affidavit of…………………..And upon reading an Affidavit of ………………….. and ………………….. and being the returns made to the rule nisi issued herein, dated ………………….. and upon hearing appearing on behalf of the petitioner, and ………………….. appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute, and it is further ordered that a Writ in the nature of Certiorari is issued and that the following orders, and/or judgments, and/or proceedings are set aside/cancelled/quashed:

(a) (Here state the particulars of the order, judgment or proceedings to be quashed, including a clear description of the Court, tribunal or authority whose order, etc. is being affected]

(b)

(c)

And it is further ordered that the said ………………….. upon being served with this Writ do hear and decided the said cause in accordance with law.Witness, etc.

Form III

Writ in the nature of Prohibition

Upon hearing on the part of ………………….. (hereinafter referred to as the “Petitioner”) his petition, affirmed by an affidavit of ………………….. And upon reading an affidavit of ………………….. and ………………….. and being the returns made to the rule Nisi issued herein, dated ………………….. and upon hearing ………………….. appearing on behalf of the petitioner, and ………………….. appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute, and it is further ordered that a Writ in the nature of Prohibition is issued upon the respondent prohibiting the said respondent from ……………….. further hearing or determining the following suit, matter, application, cause or proceeding pending before the said respondent.

(a) (State the particulars of the suit, matter, application, cause or proceeding affected.]

Witness etc.

Form IV

Writ in the nature of Quo Warranto

Upon reading on the part of ………………….. (hereinafter referred to as the “Petitioner”) his petition, affirmed by an affidavit of ………………….. And upon reading an affidavit of ………………….. and ………………….. and being the returns made to the rule Nisi issued herein, dated ……………….. and upon hearing …………………….. appearing on behalf of the petitioner, and appearing on behalf of the respondent.It is ordered that the said rule Nisi is hereby made absolute and it is further ordered that a Writ in the nature of Quo Warranto is issued upon, the respondent quashing and/or setting aside the warrant of appointment, dated …………….. and commanding the said respondent not to act, or purport to hold the office of ……………. [state particulars] …………………. or to exercise any jurisdiction in respect thereto.Witness, etc.

Form V

Writ in the nature of Habeas Corpus

Upon reading on the part of ………………….. (hereinafter referred to as the “Petitioner”) his petition affirmed by an affidavit of ………………….. And upon reading an affidavit of………………….. and …………………..and upon hearing …………………….. in person.It is ordered that this rule hereby made absolute and that ………………… whose body has been produced from custody by the ………………. be forthwith set at liberty, or that he be returned to custody or that the following orders or directions be given and obeyed.

[State particulars]

Witness, etc.

Schedule A

Proforma

[Vide Rule 8B promulgated under Notification No.936-G, dated 28.02.2005 (w.e.f. 14.06.2005).]

In The High Court At Calcutta

……………………….. Side

C.C. /C.R. No. (W)/Matter No. ……………………. of 20……..

Subject Matter in relation to………………………

Under ………………………………………………. Act.Group …………………. Head ……………… of the Classification list.Cause Title:

………………………………………………………………………Petitioner

versus

………………………………………………………………………Respondent

Advocate on Record:Name:AddressPhone No.:


Schedule B

Classification list of different types of writ proceedings

[Vide Rule 8B promulgated under Notification No.936-G, dated 28.02.2005 (w.e.f. 14.06.2005).]

Group I. – Matters relating to land laws and orders and direction relating to land (including land revenue) may be classified under the following sub – heads:

(a) Dispute about ceiling,

(b) Dispute about recording of barga,

(c) Dispute about preparation of record of rights in general,

(d) Grant and cancellation of pattas,

(e) Requisition and acquisition proceedings,

(f) Dispute relating to tenancy laws and eviction proceedings;

(g) Mines and minerals including minor minerals,

(h) Land development and planning,

(i) Tank improvement and settlement of ferries and fisheries,

(j) Restoration of alienated land,

(k) Dispute as to land revenue,

(l) Miscellaneous.

Group II. – Matters relating to educational institutions including service matters relating to such institutions may be divided under the following heads:

(a) Recognition and derecognition of Schools and Colleges,

(b) Supersession/Suspension/Extension of Managing Committee/ Governing Body,

(c) Approval and disapproval of teaching and non – teaching staff,

(d) Orders of Appeal Committee,

(e) Dispute concerning admission,

(f) Managing Committee and its constitution,

(g) Powers of different authorities,

(h) Miscellaneous.

Group III. – Matters concerning labour and industrial legislation may be classified under the following sub – heads:

(a) Compensation,

(b) Reference to Industrial Court or Tribunal,

(c) Orders of Awards of Industrial Tribunal,

(d) Wage dispute,

(e) Bonus and gratuity,

(f) Provident Fund,

(g) Trade Union,

(h) Insurance,

(i) Lockout and Strike,

(j) Miscellaneous.

Group IV. – Matters relating to Revenue and Tax Laws (excluding land revenues):

(a) Assessment/Re – opening of Assessment,

(b) Stay of recovery,

(c) Refund,

(d) Declaration forms,

(e) Appeal/Revision,

(f) Liability to pay tax/registration and cancellation thereof,

(g) Exemptions/deductions,

(h) Classification of Tariff items and entries of the Schedule – I,

(i) Search and seizure,

(j) Adjudication proceedings,

(k) Levy and short levy of duties,

(l) Miscellaneous.

Group V. – Matters relating to Municipalities, Co – operative Societies and Panchayats may be classified under following heads:

(a) Election,

(b) Inclusion/Exclusion of Municipal limit,

(c) Assessment and Revision of Municipal Tax,

(d) Grant and refusal and renewal of licences/Building plans,

(e) Demolition,

(f) Supersession,

(g) Appointment of Administrator,

(h) Removal from Office,

(i) Appointment and dismissal of employees,

(j) Settlement of hat, market, ferries and fisheries,

(k) Miscellaneous.

Group VI – Matters relating to service regulations may be divided under the following sub – heads:

(a) Transfer,

(b) Seniority,

(c) Promotion,

(d) Suspension,

(e) Reversion,

(f) Dismissal/Removal,

(g) Departmental proceedings/2nd show cause,

(h) Confirmation,

(i) Age dispute,

(j) Compulsory retirement,

(k) Leave and condition of service,

(l) Post – retirement benefit,

(m) Miscellaneous.

Group VII. – Matters relating to transport mad communication may be divided under the following sub – heads:

(A) Railway:

(1) Booking and dispute with regard to rates/tariffs,(2) Allotment of Wagons/rakes and cancellation thereof (Service matters regarding Railway Servants are included under Service Matters in general).

(B) Post and Telegraph and Telephone:

(1) Connection and disconnection and shifting of telephone,(2) Dispute regarding telephone/telex bills.

(C) Motor Vehicles Act:

(1) Grant or refusal to grant permits/registration of vehicles,(2) Cancellation or suspension of permits,(3) Dispute with regard to routes,(4) Terms and conditions of permits.Group VIII. – Matters relating to Regulation of Industries and Essential Commodities and various Central Orders may be divided under the following sub – heads:

(a) Grant/Cancellation/Suspension of Licence,

(b) Grant Renewal of Ration shop,

(c) M.R. Dealership,

(d) Confiscation proceeding,

(e) Restraint on movement/trade,

(f) Taking over Management,

(g) Extension of Management/administration,

(h) Shift of Rice/Husking Mills,

(i) Rationalisation/Modification of Rice Milling Unit,

(j) Miscellaneous.

Group IX. – Residuary matters.


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